The judicial dimension of climate governance: The role of the International Court of Justice

Abstract The International Court of Justice (ICJ)’s forthcoming Advisory Opinion on Climate Change has sparked widespread interest in the potential role of international judicial institutions in addressing the climate crisis. This article examines the multiple drivers and institutional capacity of the ICJ's judicial activism in climate governance from the perspectives of international law and global governance. Despite the absence of direct precedent in climate‐related jurisprudence, through the exercise of its advisory function, the ICJ is expected to exert positive influence in various aspects, including legal interpretation and development, global climate justice coordination, bridging climate science and law and catalysing climate action. Meanwhile, the ICJ faces challenges regarding its authority and legitimacy in its participation in climate governance. This study advances the theoretical understanding of international judicial institutions' function in global climate governance while providing insights into the evolution of international climate jurisprudence.